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Old 09-19-2005, 07:23 PM
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Join Date: Sep 2005
Posts: 6

Improper Use


California Improper Use of seatbelt.

Our "new" little town had a month long stint of stopping thousands both coming and leaving town, to hand out seatbelt tickets. Two in my family alone were caught up in the snag. Several others in our neighborhood as well as many in surrounding areas of town were also caught up in this ticketing. First ticket in our family was dismissed with the judge's obvious bewilderment, which she expressed openly in court.

Now is my turn this coming Friday. I'm a lets say a "middle aged woman", who was not even driving. I was the passenger in my daughter's car. On our way to the post office to mail bills my hand had slipped between the chest strap of my "clicked" seat belt. As we passed a patrol car I noticed the driving officer rubber-necking for lack of better word, as he drove forward past us he was looking straight into our car. He flipped a fast u-turn through the major intersecting road and came up on us, ironically directly in front of the local PD office. Showing good morning Joe's how to do it so it seemed. When the officer took what felt like a lot of time coming to our car, I turned around only to see a very young rookie coming to my passenger side of the car.

My seatbelt was still on, correct in every way, with the exception of my right hand resting (holding bills to be mailed) against my abdomen.

This whole thing seems so trivial and a huge waste of court time. If one was to weigh the "safety" issues, his sporadic u-turn in the middle of our only highway had far more safety consequences than my riding with my hand in my seatbelt... in a car I feel quite safe in with it's front and side airbags. What's the worst that could happen? Is a question that keeps coming to my mind. My hand would be pushed harder against my abdomen with the force of an inflated airbag... perhaps protecting my internal organs even more!

I have learned I will have the opportunity to question the officer, and make a statement to the judge. The above were comments I was thinking of using on my behalf during court, as well as using my daughter as a witness, because she knows what a back seat driver I am. I'm one who has never in some 30 years had a moving violation. One who has taught two kids how to drive. And one who verbalizes as though driving (this is uncontrolable) regardless who is actually holding the steering wheel.

Hope for your good advice. Thank you in advance.
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  #2  
Old 09-24-2005, 09:15 AM
Junior Member
 
Join Date: Sep 2005
Posts: 6

Take Your Own Advice


No response? Waited for days.

For the readers of my thread. I came to the realization perhaps it is best to take one's own advice.

Mine was... “try not to sweat the small stuff” which potentially wasn’t all that small when considering the possibility of $$$ in fine/court costs/etc one could be forced to pay if found guilty during the court trial. Anyway, on the larger scope of things… it is small stuff.

Paying fine vs. court appearance to fight ticket.

Going to court can be a nerve racking event especially if one isn’t adept at public speaking. As I sat in Superior Court Friday, directly behind me police officers lined the back wall with the loudest jovial conversations in the room. This continued even in the presence of the judge, which called attention and stern looks to them from the court bailiff. Seemingly a betting game to them, as each case finished you could hear them say “one for them, one for us!” Our finest, who took an oath to uphold justice? Hmmmm…. Their actions took the nervousness right out of a person, replacing it with aggravation!

It would be my suggestion to argue all disputed tickets, what is the worst that could happen? You either pay the ticket up front… which during my arraignment a sit-in judge was offering bargain basement reductions for guilty pleas, or argue your position with the chance for the judge to throw the case out, worst scenario you argue and then pay the same fine amount you would if that was your first decision. It’s worth the hassle to argue!

My particular case wasn’t even addressed by the judge because it was so ridiculous! Thrown out on the basis as stated directly to me… “in the face of justice your case is dismissed!!!!”

Wooo hooo… Friday afternoon court case proved to be a good thing.

So, prepare yourself and take the chance of fighting your tickets, who knows, you might get lucky too! In the name of justice!!
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